according to dicey , the whole history of the writ of Haber's corpus illustrations the predominant attention aid under the England constitution to remedies . it mean to modes of procedure by which to turn a merely nominal right into an effective or real right and not to a solemn declaration of rights . thus while the real right to personal freedom is, in foreign countries , declared in the constitutional documents together with other individual rights . in England there is no such constitutional guarantee to the right to personal freedom . it is based primarily on common law and it has accordingly been observed that in England the liberties of the subject stand primarily upon the foot of common law .
what then , is the function of the habeas corpus act ? they are essentially the procedure acts and simply aim at improving the legal mechanism by mean of which the acknowledged right to personal freedom may be enforced . they are intended simply to meet actual and experienced difficulties. hence the habeas corpus act of d1670 was an imperfect or very restricted place of legislative work and English men waited nearly a century and a half ( 1679-1816) before the procedure for securing the right og discharge for unlawful confinement was made complete
0 comments:
Post a Comment